STATE v. NANO


531 P.2d 750 (1975)

STATE of Oregon, Respondent, v. Richard David NANO, Appellant.

Court of Appeals of Oregon.

Decided February 10, 1975.

Rehearing Denied March 19, 1975.

Review Granted April 15, 1975.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and LEE, JJ.


LEE, Judge.

This is an appeal from a conviction of theft in the first degree. Defendant assigns, inter alia, as error, the trial court's overruling of defendant's objection to certain testimony as contravening the "best evidence rule" (ORS 41.640) infra. We agree.

The essential facts are: At 9:30 a.m. on March 23, 1974, a shipping clerk delivered a box to the calculator department of a Salem store. The evidence suggested but was not conclusive...

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